The investigation comes amid renewed attention on Schumer’s 2020 comments, which some interpreted as a threat against Supreme Court Justices Gorsuch and Kavanaugh ahead of their decision on Roe v. Wade.

On March 4, 2020, Schumer addressed the crowd outside the U.S. Supreme Court while the justices heard a Louisiana abortion case. During his speech, he warned Gorsuch and Kavanaugh of consequences if they voted to restrict abortion rights.

“I want to tell you, Gorsuch, I want to tell you, Kavanaugh, you have released the whirlwind, and you will pay the price. You won’t know what hit you if you go forward with these awful decisions,” Schumer stated.

Schumer later attempted to clarify his remarks, stating from the Senate floor that he never intended to threaten the justices. He admitted he “shouldn’t have used the words I did” but accused conservatives of trying to “generate outrage” over his comments.

An ethics complaint was filed against Schumer at the time, but no action was taken.

In a letter dated January 21, 2025, Interim U.S. Attorney Ed Martin confirmed that a “preliminary inquiry” had been initiated regarding Schumer’s statements.

“We take threats against public officials very seriously. I look forward to your cooperation,” Martin wrote in the letter, which was directly addressed to Schumer.

Schumer has a history of making comments that hint at political retribution against his adversaries.

Back in 2017, during the early stages of the Russia investigation, Schumer cautioned President Donald Trump about taking on U.S. intelligence agencies.

“Let me make this clear, you challenge the intelligence community, and they have multiple ways to retaliate,” Schumer remarked during an interview with MSNBC’s Rachel Maddow.